Peebles v. Concourse Village, Inc.

Background

Lawrence Peebles filed this proposed class and collective action on behalf of himself and current and former hourly paid, non-exempt employees of Concourse Village. He alleged that Concourse Village, Inc. and FirstService Residential New York, Inc. violated the Fair Labor Standards Act, a federal wage law, and New York wage laws by paying employees based on scheduled shifts rather than the actual time they were clocked in and performing work-related duties. The alleged underpayment involved both straight-time and overtime compensation.

The parties engaged in discovery, including production of representative time and payroll records. Class counsel reviewed those records, prepared a damages analysis, spoke with class members, and obtained four declarations from class members who also submitted consent forms to join the class. The parties then participated in private mediation and reached an agreement in principle on August 5, 2021, for a total settlement of $1.15 million.

Court’s Analysis and Rulings

The court had previously granted preliminary approval and authorized notice to class members. For final approval, the court found that the notice was the best practicable under the circumstances and met the requirements of Federal Rule of Civil Procedure 23. The court granted final certification of the settlement class under Rule 23(a) and Rule 23(b)(3).

The court granted final approval of the settlement under Rule 23(e). It found that the settlement was fair, reasonable, and adequate; resulted from arm’s-length negotiations by experienced counsel after factual and legal investigation; and was rationally related to the strength of the claims in light of the risks, expense, complexity, and likely duration of further litigation. The court also found that the allocation process and the releases of claims were fair, reasonable, and enforceable under the Fair Labor Standards Act, Rule 23, and applicable law. No class member requested exclusion or objected.

The court granted class counsel attorneys’ fees of $383,333.33, equal to one-third of the gross settlement amount. It also approved $15,029.91 in litigation expenses and $8,265.87 for claims-administration services, for total approved costs and expenses of $23,295.78. The court approved a $10,000 service award for the named plaintiff based on the time, effort, and commitment spent prosecuting the case for the class.

The court ordered that the complaint and all claims be dismissed in their entirety with prejudice and without costs as to all class members who did not opt out. The released claims were fully and finally discharged under the settlement agreement. The settling entities expressly denied any violation of law or liability, and the settlement was not an admission of wrongdoing.

Disposition

The court entered the order and final judgment as a final judgment on the claims between Peebles, the non-opt-out class members, and the settling entities. The order was contingent on confirmation that the notices required by the Class Action Fairness Act had been served; under that statute, the order would become effective 90 days after service on the appropriate officials, pending that confirmation. The court retained jurisdiction over settlement administration, implementation, and enforcement, directed the clerk to terminate the motions, and closed the case.